The petitioner sought a writ mandamus directing respondents to record orders of Consolidation authorities and prepare a new Khatauni. The Court dismissed the petition as the petitioner failed to identify any saved order and the plea was filed in individual capacity.
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Court No. - 9
Case :- WRIT - B No. - 1177 of 2020
Petitioner :- Irfan Khan And 5 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mohan Yadav,Raj Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
The writ petition has been filed seeking the following relief:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to ensure for recording the orders passed by the Consolidation authorities by preparing in new Khatauni at Tehsil level on the basis of entries made in C.H. Form 11 and C.H. Form 23 (from 1390 to 1395 Fasli) relating to the village of the petitioner Hardauli, Tehsil Baberu, Distt. Banda."
On the previous occasion, the Court had put a specific query to learned counsel for the petitioners to point out the order, which according to him as on date stands saved in view of sub-section 2 of Section 6 of the U.P. Consolidation of Holdings Act. Nothing could be submitted by learned counsel for the petitioner.
Under the circumstances and since learned counsel for the petitioners is not clear himself as to what orders, which stand saved, the sweeping direction that has been prayed cannot be issued and the relief prayed for, cannot be granted as this writ petition has been filed in individual capacity.
The writ petition is accordingly, dismissed.
Order Date :- 15.10.2020 Mayank
3 issues framed by the court
Whether the Court can issue a mandamus to record orders of Consolidation authorities without a specific order saved by the petitioner.
Whether the writ petition filed in individual capacity should be granted sweeping direction.
Whether the relief prayed for should be granted given the petitioner's lack of clarity on the saved order.
Irfan Khan And 5 Others
State Of U.P. And 4 Others
Anjani Kumar Mishra
As recorded by the court registry
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